Managing Commercial Disputes – a recorded half-day online conference

ration: Approximately 2.5 Hours

Hear from the experts at this online conference. You can watch it on your computer or on your portable electronic device from anywhere.

The conference will be based on our highly successful video webinar technology: there'll be a chairperson and presentations.

One registration can be shared by colleagues within the same firm utilising the same login.

THE PROGRAM

Session 1: Howdy Partner! Effective Management of Partnership Disputes

A group of individuals decide to carry on business together with a view to profit. What can possibly go wrong? Quite a lot, actually. This practical session examines the law of partnership and how advisers to partners can best navigate disputes when relationships sour. It covers:

• The law of partnership through a ‘dispute lens’
• Disputes involving ‘company partners’ – lessons from Chickabo Pty Ltd Ors v Zphere Pty Ltd Ors [2019] VSC 73
• When will a Court dissolve a partnership?
• Does the partnership bear the costs or the parties?
• Practical suggestions including a discussion of partnership agreements

Session 2: Dealing with Shareholder Disputes

Acting for a party involved in a shareholder’s dispute presents several challenges. Resolving the dispute is the main objective. This session presents options for resolving the dispute. It includes:

• What should be in place – a shareholder’s agreement with a resolution process
• Disputes between parties with equal shareholding
• Negotiating a resolution:

• Company buy backs
• Negotiating share sale
• Dividing the business
• Other options

• Using the oppressive conduct provisions – s232 Corporations Act 2000 (Cth)
• Application for company wind up – s461 Corporations Act 2000 (Cth)
• Proceedings for breach of directors’ duty
• Case study – smart structuring and good contracts as best preventative measure

Session 3: Actions for Breach of Trust by Trustee

Litigation against a trustee for breach of trust presents several challenges. This session looks at what they are and how to deal with them. It includes:

• Understanding trustees’ duties and responsibilities
• Breach of trust by trustee – what amounts to breach of trust?
• Nature of claims against trustee:

• Misappropriation
• Negligence
• Mismanagement
• Fraud
• Malfeasance

• Seeking documents - coercive powers to obtain documents
• Remedies for breach of trust against trustees
• Defences and mitigating circumstances for breach of trust